Five Couples Ask Court to Recognize Families for U.S. Immigration Purposes

NEW YORK, NY - Five lesbian and gay couples filed suit in the Eastern District of New York, challenging Section 3 of the federal Defense of Marriage Act (DOMA), which prevents lesbian and gay American citizens from sponsoring their spouses for green cards. The lawsuit, filed on the couples' behalf by Immigration Equality and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, alleges that DOMA violates the couples' constitutional right to equal protection.

"Solely because of DOMA and its unconstitutional discrimination against same-sex couples," the lawsuit states, "these Plaintiffs are being denied the immigration rights afforded to other similarly situated binational couples." Were the Plaintiffs opposite-sex couples, the suit says, "the federal government would recognize the foreign spouse as an 'immediate relative' of a United States citizen, thereby allowing the American spouse to petition for an immigrant visa for the foreign spouse, and place [them] on the path to lawful permanent residence and citizenship."

The five couples named in the suit are:

Edwin Blesch and his South African spouse, Tim Smulian. Edwin and Tim, who have been together for more than 13 years, were married in South Africa in August 2007. While their marriage is honored by Edwin's home state of New York, their green card petition was denied on March 14, 2012. They reside in Orient, New York.

Frances Herbert and her spouse, Takako Ueda, who is originally from Japan. Frances and Takako, who have known each other for 22 years, were married in April 2011. Their petition for a green card was denied on December 1, 2011. They reside in Dummerston, Vermont.

Heather Morgan and her spouse, Maria del Mar Verdugo, a native of Spain. Heather and Mar have known each other for 14 years. They were married, in New York, in August 2011 and have a pending green card petition, which is expected to be denied. They reside in New York City.

Santiago Ortiz and his spouse, Pablo Garcia, a native of Venezuela. Santiago, a Puerto Rican American, met Pablo in 1991 and registered as domestic partners in 1993. In May 2011, they were married in Connecticut. The couple have filed a green card petition, which is expected to be denied. They reside in Elmhurst, New York

Kelli Ryan and her spouse, Lucy Truman, a native of the United Kingdom. Kelli and Lucy have been a couple for more than 11 years and entered into a civil union in July 2006. They were married in March 2010 in Connecticut. Their petition for a green card was denied on March 27, 2012. They reside in Sandy Hook, Connecticut.

"Solely because of DOMA and its unconstitutional discrimination against same-sex couples," the lawsuit states, "these Plaintiffs are being denied the immigration rights afforded to other similarly situated binational couples."

The plaintiffs in the suit include a retired professor of English at a New York college (Blesch); a home elder-care provider (Herbert); a marketing director for a global non-profit organization (Morgan); a retired school psychologist (Ortiz); and two doctors of immunology (Ryan and Truman).

"The families in today's lawsuit meet every qualification for immigration benefits, with the sole exception that they happen to be lesbian or gay," said Rachel B. Tiven, Esq., executive director of Immigration Equality. "Solely because of their sexual orientation, they have been singled out, under federal law, for discrimination and separation. That's not only unconscionable; it is unconstitutional. We know DOMA cannot withstand careful review, and we know we will prevail on their behalf."

Immigration Equality is widely recognized as the country's premiere national organization providing legal counsel to LGBT immigrant families. In 2011, the organization fielded 1,431 legal inquiries from binational couples like those in the suit filed today, a 141% increase over the previous year. A recent analysis from the Williams Institute at the University of California-Los Angeles estimated 36,000 couples - and the nearly 25,000 children being raised by them - are impacted by the United States' refusal to recognize lesbian and gay relationships for immigration purposes.

"Whether the federal government recognizes a couple's marriage can determine whether a family may remain in the United States and live together, or may be torn apart," the suit states, adding that, ". . . the federal government also has set the preservation of families as national priority."

"As a nation," the complaint filed with the court says, "we want to keep families together, not rip them apart."

"These families represent the tens of thousands of others like them who are threatened with, or have already been forced into, separation or exile," Tiven said. "Their victory in court will end the threat that has hung over their families, their homes and their marriages for far too long."

DOMA, the lawsuit concludes, "threatens . . . marriages while purporting to 'defend' marriage. It does violence not only to these five couples, not only to the institution of marriage, but to the Constitution of the United States."

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